Hon’ble A.N. Varma, J.—Through the instant petition, the petitioner has prayed for quashing of the letter dated 14.2.2007 passed by the opposite party No. 1, as contained in Annexure 4 to the writ petition, whereby the Council for the Indian School Certificate Examinations, New Delhi, has informed the Principal that since the petitioner’s attendance is less than 60% of the total working days, (only 39%) which is minimum requirement for condonation, therefore, the attendance cannot be condoned. This decision of the Council was communicated to the father of the petitioner vide Annexure-5 which is a copy of letter dated 23.2.2007.

2. Learned Counsel for the petitioner does not dispute the fact that attendance of the petitioner is short, but he submits that on account of his illness that the petitioner did not attend the Institution. The submission further is that the representation preferred by petitioner has not been dealt with by the opposite party No. 1 in its right perspective.

3. Father Wilson, Principal of St. Fidelis College, Aliganj, Vikas Nagar, Lucknow, who was called upon by this Court is present and has also produced the relevant record pertaining to petitioner’s att